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HomeMy WebLinkAboutIR 8995i I I � 'I Ili � � �� �I� 'I liv, 1 :4j� I -mi :4 r�� U; dos The Texas Local Government Code states that in order for the Agreement • be orceable and binding on the City, an election must be conducted at which a majority • the Officers who would be covered by the Agreement and a majority of the City Council vote in favor of ratifying the Agreement. The membership of the Fort Worth Police Officers' Association voted to ratify and approl this Agreement during their election process that was completed last week. Upon City Council ratification of the Agreement, by way of approving the M & C, the Agreement will be executed by the City Manager and the Police Officers' Association President Once ratified and executed, the Agreement will be put into effect and will supersede any conflicting state or local law. A prohibition against discrimination based upon membemhlp or non-membemhlp in the FVVPOA or because of race, color, national origin, religion or creed, age, sex or gender, sexual oniontation, military status or veterans' status, or disability or handicap Is staftd within the Agreement ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS To the Mayor and Members of the City Council SUBJECT: Meet and Confer Agreement m November 11, 2008 Paste 2 of 2 The Agreement may be cancelled If the City is not able to meet its funding obligations or the Agreement may be suspended If the Crime Control Prevention District Is not extended by election. Further, the Agreement has a four (4) year term, with commitments for compensation that include yearly raises ranging from 3% to 3.5 0/6, and a continuation of a modified step program for Officers. Other provisions include: Creation of an Association business leave pool for Officer hours to be donated for use in conducting FWPOA business, management rights, dispute resolution procedures for resolving disagreements related to Interpretation and application of this Agreement, disallowance of strikes or lockouts, compensatory time accrual, seniority provisions, military duty provisions and maintenance by the FWPOA of specific existing rights. Staff will be available to answer any questions you may have regarding this Agreement at your Pre - Council meeting. If you have any additional questions concerning this Agreement, please contact Benita Harper, Assistant City Attorney, at 817 -392 -7615. Dale A. Fisseler, E. City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS A, f 0`11 lo?'Fe"I'll Mom 18jim a I A Ed le ASSOCIATION 06,1149 - - - - - - - - - - - - - - a PREA.MBLE ........................................................................................................................... .... 4 ARTICLE I AUTHORM AND RECOGNITION ................................................................ 4 ARTICLE2 DEFINITIONS ....................................................................................................... 4 ARTICLE 3 ASSOCIATION RIGHTS .................................................................................... 5 Section 1. Payroll Deductions. ............................................................................................ 5 • • Secti ILAg-Teiation Access to Premises. ........................................................................ 7 Section 1. Section 2. Section 3. Section 4. Section 3. Section 4. Section 5. ARTICLE wil i #I 11111 11NIM111 1U-�NlllNlllR ------------------- I gall T-L42v-f ............................................................. MR NOSTRINX, NO LOCK-OtU .......................................................................... 12 �� 0 MARY ACTION .......................... ................................. 12 iestigations............ : ...................................................................................... 12 Disciplinary Suspensions ................................. .......... 12 Procedures After Felony Indictment or Misdemeanor Complaint ............. 13 Hearing Examiner Rotation List and Selection Process .............................. 14 PVOCED... ................................................... 15 Ail] IIAU a dK114401 I I& imeLim ........ .............................................................................................. 15 Steps.................................................................................................................. 15 ClassDispute .................................................................................................... 16 Arbitration....................................................................................................... 17 --------------------------- —....18 ARTICLE10 WAGES .............................................................................................................. 18 ARTICLE 11 PROCEDURE FOR FILIANG AND PROBATIONARY PERIOD FOR FIR LICE DEPARTMENT ............... 1� 11 # I amok ARTICLE ' COMPLETE • ' ■ ARTICLE 20 SAVINGS CLAUSE ARTICLE 21 DURATION , ■ • ■■ . $ . ARTICLE 22 NOTICE APPENDIX . APPENDIX ; : P APENDIX 4■ ." ■■ ■ ` � � PRFAAMLE SIX IVNEUIZI 1. The City recognizes the Association as the sole and exclusive bargaining agent for all covered Officers, pursuant to Subsection I of Chapter 143 of the TLGC, excluding the rank of Chief of Police, deputy chief and non-sworn employees. II13jWII'IVV We -Active Duty- means the normal performance of the duties of a sworn position in the Police Department "Agreement" refers to this Meet and Con&T Agreernent� negotiated between the City of Fort Worth and the Fort Worth Police Officers' Association. "Roard of Directors" means the members of the Association who are duly elected or appointed and By-laws of the Association. "Business Day" means Monday through Friday dunng normal business hours of 8:00 o"clock a.m to 5:00 o'clock p-m. and shall not include weekends or City holidays, except as otherwise specifically defined in this Agreement -Calendar D"" meam each day mclumve of weekends and holidays. "Chief- means the Chief of Police of the City of Fort Wortb- y" means the City of FaTt Worth. "City Mmager" means the City Vlanagcr of the City off Fort Wordht -c7c " mewis dr Fim Fighten and Police (DIfficers Civil Scrvj'-= Com on o'f the its Of Fort War*- H "Department" means the Police Department of the City of Fort Worth- pute" means for purposes of Article 8 any and all disputes related to the interpretation of this Agreement between the Association and the City. -Executive Board" means the members of the Association who are duly elected or appointed and serve as members of the Executive Board • the organization pursuant to the Constitution and By-laws • the Association. "Meet and Confer Statirte" means Subehapter I of Chapter 143 of the TLGC, Section 143.301- 143.313. "Member of the bargaining unit" means a swom Police Officer covered by the provisions of Subehapter I of Chapter 143 of the TLGC (excluding the Chief of Police, Deputy Chief of Police and non-sworn employees). "Officer" means a sworn Police Officer employed in the City of Fort Worth Police Department who is covered by this Agreement pursuant to Subchapter I of Chapter 143 • the TLGC. "Party- or "Parties" means the City of Fort Worth and the Fort Worth Police Officers' Association- "Strike- means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the UL faitlifid, and proper performance of the duties of employment (including, but not limited to, "slowdowns," "sickouts," and the intentional failure to make arrests), for the purpose • and/or to have the effect • inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment "Supersede" means to the extent that any provision of this Article conflicts with or changes ' Chapter 143 • any other statute, executive order, local, ordinance • rule adopted by the City including a personnel board, or Civil Service Commission, this Agreement shall preempt such provisions, as authorized by Section 143.307 of the TLGC. "TLGC" means Texas UKal Govemment Code. ARTICLE 3 ASSOCIATION RIGHTS 717M, �# Jk The City shall bi-wwkJy deduct an amount ftom the pay of each mchvidual bw vollw-darfly rardxmzed rich deducton for rawiiumxx to the Associabon- Alter Officer who c-tectadion of this Agreement, (^, o--"- who w.&h to trr- Assodnfim Blwk Pohee Cfficm I i i s the f of this Agreement, payroll deductions and remittance of dues will be permitted fo i" Association and designated organizations only. Officers who are members of the Association or designated ! • . t « ! i t on the date this • the members of he Association may i t i t to utilize # tf i payroll deductions, in the past. Officers who i are having f `deduction • i deducted " t of the date i Agreement # i e• will not r ' required to submit new • forms. After that date, an Officer seeking to become new member in designated organization and to pay dues to that organization i automatic payroll deductions must join the Association in order # utilize automatic payroll deductions for the payment of such dues. B. Any individual member t" of the bargaining unit wishing to voluntarily withdraw authorization i deductions must personally s!it the appropriate form as required by i " D The Associafion shall defcnd the City and hold the City harmIcss apinst any and all claims, demand& swts or other forms of legal action that may anse oiA ot or b� reason ot any actions takcn by the City, or any cmployec of the City in complying v6th provisions of this Article. The Association and the City shaH jointly selcet and direct counsel retained for such defense, and the Association shall further assist and cooperate with the City during said defense. �y Section 2. Association Acem to Prentism Section 3. Co nnications. Prior to any f • f # # i Association E-mail communications i . • • " approved in advance by the Chief or the Chief s designee. The decision of the Chief or the Chief designee l,Ii ' ' t approve or disapprove an E-mail communication shall • ` # # . and binding ii shall not be # to dispute procedures. However, the restricts Association may ask the City Manager or the City Manager's designee to review any ! t its members • i • to subjects authorized i.t • this deemed Agreement inappropriate for general distribution, reb�nd to the Association representative with an explanation or suggeston for change. c PIO is unavailable, the Association the E-mail request to the ` Adnumsft-atve IAaAenant assigned to the Exwmve who process wiU the mquest B. Association E-mail communications shall -relate solely to the fallowing subjects: dft 1 Mectinjo, (3) Association Elections (4) Reports of Association Committees (5) Rulings or policies of the State or National Association, witholit added commentary (6) Legislative Enactments and Judicial Decisions Affecting Public Employee Labor Relations, without added commentary V1 Section 1. Association Business Leave Poo L A- Each year at the beginning of the first pay period of the calendar year, the City will allocate 6000 hours of equivalent work-time hours to be utilized for an agreed Association Business Leave Pool ("ABLP"). Each year at the end of the last pay period of the calendar year during this Agreement, unused ABLP will carry over and must be used prior to the end of the next payroll year. All allocations must be used on a fa-st-in, first-oiA basis. M MMM E. Except in the event of a declared emergency or when necessary to complete a call at the end of the workday, an Officer using ABLP under this Article shall not be required to work such additional hours for the City that would exceed the Department's fourteen (14) hour daily restriction on the total of hours worked and secondary employment Section 2. Leave for Anociation President. C. The Chief of Polioe the -right to recall the Asswintion Pmsident. to dm+N,, dw* an ermergency or special evew wvolving overfidm:g need fam the protecdon of :h-- dtizzrz, Is of Fort Worth- No overtime or i! #! "# • time shall be accrued while #' President on ABLP except in the event the President is recalled to dirty by the Chief of Police and required to labor in excess of the normal forty (40) hour week. If the President is recalled to such duty, the City shall mxht hours worked by the President to the ABLP at the rate of 1-25 hours for each hour worked- D. shall not be used if the President is under a suspension without pay. ABLP will not be counted 2s hours worked for the purposes of calculating overtime. Prior to the beginning of Meet and Confer negotiations, the Association shall designate not more than nme ! Officers who shall constitute its negotiating .M ion 4. Associ*flDirtetom u on 24-hour notice, any specially called Board meetings. All time in such activities will be dpeducted from the ABLP. The Chief will consider requests for additional time off without pay to attend to other Association business. m • oil A Zqction 1. The City agrees that it will not lock out any Officer. Zection 2. The Association agrees that neither it nor any of the Officers will permit_ sanction, call, encourage, support, acquiesce or engage in any strike; sit-• own; slow-down; speed-up; sick-out; sympathy strike; picket; or any other work stoppage or interference with the operation of the City for any reason. Section 4. Any Officer who participates in any action prohibited by this Article may be discharged, suspended, demoted and/or otherwise disciplined, at the option of the City. This Section shall be cumulative of any other rights the City may have by statute, at common-law or in equity against the Association and/or the Officer. A ARTICLE 7 FITI MON �r 11� i 9 Section 2. Discipli"ry S"Pe"Jif"I& M If the City attempts in good fidth to deliver the written statement as provided herein, but attempts are unsuccessful. the written statement may be mailed by certified mail to the la,'-: known address of the suspended Officer. Service is complete !i! mailing, and the suspensi #! shall be automatically appealed to an independent hearing examiner. E I i 1 !E ! E i i #•'. i I E iI ! i a Ymmt of an Officer vvithoiA &. ef appeaL and emvicwn app off a Cla&s A or B mWmcanor ble cause for dL%dpIhwy, ,: a -flan 1. If an Officer is indicted for a felony or officially charged with the commission of' z Class A or B misdemeanor the Officer shall notify the Chief of the charge or indictment within ,�g hours of any wrest related to the charge or indictment. Upon conviction, acquittal or dismissal of or i misdemeanor or # # y the Officer shall within 48 hours i notify the Chief. An Officer who appeals disciplinary act may # appeal to an independent third-party hearing exammer. The heanng exammer shall be selected pursuant to the procedure set fs # in this Section. C. Vvrithin ten (10) Business Days after the date an appeal is filed, the Officer and the If agreement cannot be reached, the Civil Service Director or his or her designee shall select the first Arbitrator # F. In the event the wntten statement of suspension is delivered by maLL the deadline by which the Parties have to agree to an Arbitrator firom the rotation list will be extended until ten (10) Business Days after the Officer's actual receipt of the written statement G. The deadline by which the Officer and the Chief may agree upon an Arbitrator from the rotation list may be extended by mutual agreement of the Parties with notice to the Civil Service Director or his or her designee. ARTICLE # DISPUTE ! i PROCEDURE Section 1. Scope of Procedure. The City and the Association agree that the purpose of the dispute resolution procedure contained within this Article (herein procedure) is to provide a just and equitable method for resolving disagreements between the Parties regarding the interpretation of the provisions of this Agreement Only matters involving the interpretation, application, enforcement or alleged violation of a specific provision of this Agreement shall be subject to this procedure. Disciplinary matters shall be administered pursuant to Chapter 143, T-LGC or as otherwise provided in this Agreement, including Article 7 above, and are not subject to this procedure. Section. 2. Time Limits. Section . S procedure A Dispine within the scope of flus e fined m Swbon 1 above shall be handled as folio -s: Sten 1. the evcnt or circumstance made the basis the is s, an Officer shaH wbmit rich Mspute in wntmg to the Assmiation with a copy er the Chief of Ph4 The w - Lo of the u-st con, ) a simcummt of - „ f upon w4h h, the Diems he Aatide or isio t6 e Agreemwt that is a to It is the intent of the Parties to attempt to resolve Disputes over the application, Thf t level. NotA-,iT- herein i f )r loll CHARWOMAN I Ron Stev 2. The Association's written grievance shall be hand delivered personally in writing io the office of the Chief or the Chief s designee. The Chief or the Chief s designee shall have oa& (30) Calendar Days to act on the Dispute and render a decision • writing. S=-!. If the Dispute is not resolved at Step 2, the A&-,ociation's written grievance shall be submitted to the Civil Service Director within seven (7) Calendar Days from the decision at Step 2. grievance to the office of the City Manager who shall review the matter and render a decision in ain the response !! within thirty (30) Calendar Days. The Civil Service Director shall obti from te City Manager or the City Manager's designee and inform the President of the Association of the response and results within seven (7) Calendar Days of the decision of the City Manager or the City Manager's designee. If the Dispute has not been settled at Step 3, the Parties shall have seven (7) Calendar Days from the date the President of the Association is notified in writing of the Step 3 decision of the C�Vj W. . ' Manager's designee,, in which to eal the Xid to arbit-ation for adjustment An "peal fi-orn the Association shall be submitted • writing to the Civil Service Director. E Section 5. Arbitration. The iii of the hearing shall be governed by !' standard rules of the The Parties, by mutual agreement, may ii that i hearing be held in accordance with the Expedited i i i i i i 4 ARTICLE i LABOR RELATIONS CONSULTATION PROCESS The and • ! " Association, having # " recognized that communication +" # management and i employees indispensable to the accomplishment of • i • and harmonious # • # • t shall jointly maintain and support Relations Consultation process. In Article i this Agreement, the City has recognized the Association as the sole and exclusive bargaining agent for all covered Officers. pursuant to Subsection I of Chapter 143 of the TLGC, excluding the rank of Chief of Police, deputy . and A• f • i employees. Therefore, th° Chief will n# negotiate with individual representatives of other labor organizations or committees composed of such representatives regarding wages, hours of work, working conditions, and other terms and conditions of employment to which the City and Association have agreed as described in this Ad Agreement Nothing ! this Agreement prohibits # ' Chief from creating advisory i covered Officers from other labor organizations acting in an individual (non-representative) capacity and nothing in this Agreement prohibits the Chief from creating any committees in the Chief s command staff. It is understood and agreed that this provision is intended to prohibit Officers from being { !. appointed to a committee primarily because • their office or position another la# • organization t . • of i ' knowledge, • r assignment whic! would be beneficial to the work of the committee. The Chiet or Chief a designee, shall meet with the Association President and his or her designated representatives, during each month, in order to discuss issues and working conditions covered by • " # # ` ! T Subject to ald of the othcr pmvisions Agreemcnt the wages of the Officers covered by this Agreement of this Agreement, ` m accordance with the wage incorporated by ne. In general , the pay plan provides for the foflowmg for Fiscal Ycar 2009-20D9 ( � v 2009); for Fiscal Y 2011(effective Semember 26, � � 3.5 o ,� �_ 20 201 � � �* , fl i 9 2011-2012 (e5 % 1, 2011), IIIIIIIII FY 2008-2009: + r general Ev: !! ual stei i. increases under existing i. plan for i i se Officers eligible on their applicable i t date FY 2010-2011: 3.5% general increase + modified annual 2.5% or 5% step pay increases for Ei Officers eligible on their applicable anniversary •. E" 1 year of service i will be eliminated) increases FY 2011-2012: 3.25% general increase + modified annual 2.5% or 5% step 'pay for ti Officers '7 i on their applicable anniversary date (the step pay increase for the I 8'b year of service will be eliminated-, 'i r. y it for !' 14th and 16th years of service will be increased from 2.5% to ARTICLE PROCEDURE f % PROBATIONARY PERIOD t BEGINNING Firefighters' Section 1. The entry-level hiring procedures and Nifinimum Standards fisted in The City of Fort Worth Police Officers' Rules # Regulations Rules") wdl be used for bming entry-level pohee offims when not m conflict with thus Article. ! i " Jiill ! It t . , # # number of positions in the Department and may approve, disapprove, or modify my changes the classification structure made by the Commission- For the limited purpose of interpreting th. Article, the provisions of Section 143.021 (a) and (b) of the TLGC will apply to the extent provisions are not modified or supersededby the provisions of this Agreement I Section 3. All entry-level candidates for police officer shall be requurd to pass the City authorized medical examination, drug screening and psychological examination to be considered for !# i ! E! ` # police officer. # y candidate • # f fails to pass # ° medical ii t . # f # or psychological examination may appeal that result by following the procedures described in the Local Rules, Section 6.27 (or successor or superseding Sections). Section 5. Eligibility to become a police officer will be dewrmined by a candidate's ability to meet the minimum standards established in the Local Rules. Candidates must meet all standards and requirements to be eligible for firture licensing by the Commission on Law Enforcement Officers Standards and Education. A candidate must be between the ages of 21 years and 45 years of age by the date of the entry-level test required of that candidate. Mihtary Vetem (with honorable discharge per DD .Associale"s c:e " Bwhlelor's degree (or h ants In IM or more at the time of their -level test (includes college students, if their primary residence is Fort Worth) 2 points Additional points be i r• only a the highest educational degree. , # #• candidate # an Associate's degree and Bachelor's degree will receive additional points a # ` i . t ° a i' a �' i # • ' * "sa . # i i' !a � t# i' i a M . t �! as a ` * " a university. points is the maximum ttt . • number of additional • a # which shall • ° added • :# ! a candidate's passing test score for f y combination of such characteristics. Sec. ' . ..,g D,&,,pwtrnent will detennim ffiase cwichdates who am most ssWtaFle to be hked as poll (ffi�' : _ based on a bwnj&,xvd xi - i ti a p a `" r TIw sela-mcon prmm (b) Leave for pmbationwy pohee frow. date of hire. � o offlem wffl be eligible to use available sick leave after rix monft of service fi , the date o-f hire. i y p of f z- -A ll be lgfl,-I ?cznied but unused vacation time as stated within the City of Fort Worth Personnel Rules anti-I 1-kegulations. ! t # " t H . ` f i if i # iii i i f * i " .iii f R #• # • # Section 13. Changes in Process. T'he Commission may implement changes in the process or procedures set forth herein if the City Manager and the Executive Board of the Association approve a Memorandum of Agreement setting forth the changes deemed necessary to address problems or needs that anse, after the effective date of this Agreement ♦ i I * ti ! t t In accordance with the provision in Section 143.307, the Parties expressly agree that this Article shall preempt and supersede any inconsistent provisions contained in Chapter 143, including # not limited to Sections e mv ARTICLE 12 ! 1* Iowa 9 1 As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(o), the City may compensate Officers with compensatory time in lieu of overtime compensation required by th� one- half hours for # hour t of # # ! •i " # for i ! overtime ci ## ! " # R i required by • week- Effective Officers e. nsatory time up to maximum a=ual of two hundred and f . 00Ti E` 1 For persons in the officer classification, seniority for the purpose of asserting a seniority 1��ference shall be determined by the date of the commission. If the commission dates are the same for two or more officers, seniority will be determined by the officers' relative final position in their academy class. For persons above the officer chissification, seniority for the purpose of asserting a seniority preference shall be determined by the date of promotion to the person's current ita-Mar- -91)LOT-2-0-1 classification, seniority will be determined by their position on the promotional list for their current classcation, A. Seniority for Officers who have received a demotion due to a reduction in force shall be determined by the date of original appointment to the rank to which they are being ANW&U-i- B. Seniority for Officers who are involuntarily demoted shall be determined by the effective date of the demotion. ti C. Seniority for Officers who are reappointed after voluntary resignation shall be determined by their date of reappointment D. Those in the rank of lieutenant and above may not assert seniority preference for unit assignment, shift assignment, days off, vacation leave, or holiday leave. E. Officers below the rank of lieutenant may not assert seniority preference for unit or shift assignment, but may assert seniority within their work unit for vacation preference, and days off preference by work unit as soon as the days become available. Officers may not bump other Officers from their days off, holidays, or vacations already set because of seniority-, however, at the first day off vacancy, the senior Officer may assert their seniority preference. 11�� jq�111 A Assipments of the Chief are not subject to chAllenge or grievance. ARTICLE 14 PHYSICAL FITNESS PROGRAM Section 1. Joint Committee on physic*l Fiftrx& A physical fitrim- m. V= Mhafl be es-tWwshed and implemented on or after Omber 1, 2(W-4, Pwtties shall an a Joint Comnmttec oD Pbysical Fig m- within '30 Calendar Da",- of M # 1 •7 # A- Voluntary Participation for Incumbent Officers. Officers graduating from the Fort Worth Police Academy prior to October 1, 2009 may voluntarily participate in the mandatory physical fitness provisions of this Article. As to such Officers, the provisions • Chapter 143 shall continue to apply to any issues of fitness for duty, light duty, assignment, line of duty injury leave, or disability retirement B. Mandatory Participation for Future Officers. Graduates of the Fort Worth Police Academy on or after October 1, 2009 and graduates of all such subsequent classes shall be required as a condition of continued employment to be and remain physically fit during their employment with the Department The basis for the standards is further delineated below. The Parties have agreed that implemerrting a Department-wide physical fitness program and culture will require different strategies tailored to Officers in various career phases, and a transition period in order to facilitate the necessary changes and expectations for the program to work and achieve support. The Parties agree that a combination of these components are MENEM (1) Appropriate standards based on actual biomeffic midies- of job tasks, and E 3� 13 " During Fiscal Year 2008-2009, the City shall designate a physical fitness trainer on a Mt time basis to assist Officers to reach program fitness levels. The Chief may, at his or her discretion, choose to develop other incentives based upon perfbrmance and/or passing scores. An Officer's ineligibility • nori-qualific.iii for any incentives shall not be the subject of any grievance procedure. Section 7. Enforcement of Mandatory Standards for Of&ers Employed After October 1,2009. M Section 8. Deferments of Mandatory Standards for Officers Employed After October 1, 20". Section 9. Appeal of Mandatory Standards for Officers Employed After October 1, 2009. An Officer who is terminated after a third failure to maintain their applicable physical fitness standard may appeal the accuracy and correctness of the determination to a panel of three qualified individuals, one selected by the Association, one selected • the City and one selected by the other two representativm The panel shall only be authorized to determine if the testing was properly conducted, the outcomes or scoring were correctly canied out and determined, and that the standards were applied in a substantially equal manner. If the panel determines th—?t irregularities in the testing process occurred, the panel may elect to retest the Officer at a date and time determined by the panel. The panel shall have no authority to modify the testing standards. The appeal process of TLGC 143.081 shall not apply to this appeal. Section 10. Preemption. M ARTICLE 15 PROMOTIONS ItrUrsif -MA-1 , A� All promotions to the classification of deputy chief shall be exempt from competitive examinations, and instead shall be made by discretionary appointment of the Chief The Chief will not be required to make promotions to the classification of deputy chief within any specific time period- Section 2. Additional Classification. A- The Parties to this Agreement understand and agree that: the Fort Worth City Council may establish a new classification (rank) of major, within the Department and reclassify exisfLng positions in f of captaim Organizationally, the newly-created major classification will be immediately below the classification of deputy chief and immediately above the classification of captain. The Council may initially establish five (5) or more major positions. Upon the City Councs establishment of at least five (5) major positions, the existbu.q assignment pay for Captains of Field Operations Divisions may be discontinued- The compensation rate for the rank of major and above is not controlled by TLGC 143.041 and 141.033 and will be set according to the City's annual compensation plan, as approved by the City Council. The rank of major shall be filled by appointment by the Chief. The first five (5) Officers appointed to the rank of major shall be employed by the Department on October 1, 2008 as a captain. Thereafter, the Chief s appointments to major may be from any rank, as so provided in TLGC Section 143.014(d). B. All promotions to the classification of major shall be exempt from competitive examination, and instead shall be made by discretionary appointment of the Chief The Chief will not be requn-ed to make promotions within any specific time period. NM Section 3. Eligibility for Promotion. M 1998k, City will provide reasonable opportunities, at City's expense for candidates to attend such 00 courses of study. Section 4. Promotional Examinations for Lieutenant and Captain. Promotions to positions in the classification of lieutenant or captain will be made from eligibility lists created from test scores obtained by candidates completing written promotion eligibility tests. Additional points will be added to a passing score for the following: Section 5. Joint Committee on Promotions. A- The City and the Association will create a joint six (6) member committee, consisting of three (3) persons appointed by the Association and three (3) persons appointed by the Chief. Such committee shall be formed no later than January 15, 2009. The City Manager and the Board of Directors of the Association shall each maintain control over their appointed committee members. The Committee will determine the types of testing methods that will be utilized and the weight of each section. In the event the Committee should reach an impasse, the Parties shall mutually select a facilitator and/or a mediator or both to resolve the dispute. This process will be concluded during the first year of the Agreement and the resulting process will be submitted to the Commission for approval to apply to the first promotional eligibility test for the captain and lieutenant ranks after January 1, 2010. Should an impasse not be resolved by a majority through the facilitator/mediator procedure, the promotional testing procedures of Chapter 143, TLGC shall apply. In Section t Continuation i t Life of Eligibility Any promotional process has proceeded i the point of the administration of # Section test shall continue to its conclusion, irrespective of the expiration of this Agreement eligibility list c:ertified after the effective date of this Agreement shall remain in effect for period not to exceed twelve (12) months, irrespective of the expiration of this Agreement 7. Preemption Provision. This ! and # t " process created by the Joint Committee for # { • methods and w ppeals preempt any contrary provisions in Chapter t # i • but not limited to those ' set forth in Section 2 of this Article and in Sections 143.014, Sulachapter B (143.021-143.038) ,md 143.085 of the statute, it being expressly agreed and specifically so provided under the authority of Section ` ARTICLE # PROMOTIONAL VACANT LEAVE OF ABSENCE Section m. . t of an Officer who reccived b causes that pa var.'s ,A= most reccndy promoted to Im ranL to be re=ned w Q1111:5 U LIM 1114 M 111Z a Neither the Association nor the City shall engage in discrimination against any employee W -WCwW)m- # t ;..a Ac Ikkit employee's race, color, national origin, religion or creed, age, sex or gender, sexual orientation, military status or veterans' status, or disability or handicap. Neither the Association nor the City shall cause or attempt to cause an Officer to interfere with, restrain, or coerce an employee from exercising their right to join or support the Association or other organization or to refrain from joining or supporting the Association or AM other organization- Likewise, neither the Association nor the City shall cause or attempt to cause an Officer to interfere with, restrain, or coerce an employee's right to engage in lawful Association activities or to refi-am from engam-,ag in lawful Association activities. ril =8 r "a f i FIT -4 =1 The Association recognizes its responsibility as the sole and exclusive bargaining agent under the applicable provisions of the TLGC and this Agreement and agrees to represent all Officers in a non-arbitrary and non-capricious manner, regardless of their membership or non- membership in the Association or other organization. T 5 r, Ta T7. M The City shall not dominate, interfere, or assist in the formation, existence or adminismdon of any employee organization which is quahfied to be a coUective barg&ining agcnt fbr Officcrs; or contribme finamW suppott to any mch cmployee orgamzaton. ARTICLE 18 MAINTENANCE OF STANDARDS a Save, and except for motorcycle , take home cais, aLfto aflowranm mr —HeW 1W relm-I'mrseMML military lea-ve pay SEMPlement, rei-remew bewfift, and vacanon lea-ve wtuch is M provided i " t existing special 4 . amounts i and leave ! f forth in written City or • . if# i policy of September . shall remain unchanged -ti " :d# ! i " duration • this Agreement. alternate In addition to the foregoing, the standards, privileges, and past practices conceming !ff fi # and light duty work in connection with injuries (on or off duty # nature), and # # :: f or fitness t# # # i of a temporary nature, continue during the term of this Agreement. I I II # I i�i Section 4, Retired. Employee Health Coverage. in this Agreement shall be interpreted to abrogate or supersede the provisions of City of • it • I Ordinance i 18287-09-2008 relating to i# i.t Employee Health Coverage. I M U IR :I V ICI ►M Section I I the event that any provision in this Agreenient conflicts or is inconsistent with y provision of 141, 142 or 4, , or any other cif service provision or rule or sta=e as amended from time to time, o-rdiname, Geneml Ordem or Pemmel Rides and ; : a o " s &` £ righu f° Depwftncnt employem this kpvemml shah ..: no-t-wiffistmWing any s " , on r 141, 142 or 143, TI LC "` or 3 ARTICLE 20 SAVINGS CLAUSE Should any provision of this Agreement be tound to be inoperative, a couwrt cxe competent jurisdiction, all other provisions of this Agreement shall remain in full effect # t ' duration i t Agreement, being # ' intention # # # E ' Parties ' f +C i i any other ' portion # provision. 1 tin •` • 1 WEN N o Section 2. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to ftffly and promptly perform all of the obligations of the City under this Agreement All obligations of the City shall be paid only out of current revenues Ad qW or any other funds lawfully available therefore and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article X1, Sections 5 and 7. In the event that the City cannot meet its fiinding obligations, as provided in the State Constitution, this entire Agreement becomes null and i void- Section 3. Voter Disapproval of the Crime Control Prevention District. A In the event that the election to extend and continue the Crime Control Prevention District does, not result in its extension, the City shall have the authority to postpone the which became effective October 1, 2010 and thereafter, for a period of 12 months from the date of of • #; C. Ibis � i authority C � one the n �� ke �P. ARTICLE 22 NOTICE if to city: City Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Fort Worth Police Officers' Association 904 CoUier Street Fort Worth, Texas 76102 m IN WITNESS WBEREOF, T[1E PARTIES HAVE CAUSED TO HAVE TTHS AGREEMENT TO BE SIGNED BY THEIR DULY AUrHORLZED REPRESENTATIVES ON THIS DAY OF 2008. I'al u I IERon Delord, Lead Negotiator on behalf of the Fort Worth Police Officers' Associatiol,, 0 ' APPENDIX A d r r"•..,. s �r VOLUNTARY PAYROLL DEDUCTION CITY OF FORT WORTH I authorize the cky of Fart worth to M begin D c1scontinue © change ttrs foiowk PwrnoN Dsdtxtion(s): Employee Barns: Employee d t 6n S rrahrc OrduaWk s Norse BWNssicitr i Anrosst Deduction ! To Be coenpMad Daft c h" input: Input By: by l�Nt dtoord:; 37 ' � s -'. ���"i" . �.i'�'� vi.TM•t,,,,,', s'v ^,r..>s' `>rt,Ci - ..:...... �,A } a. c , , <.. .�fi^. ^.� . �'u t.,. >... Sh All � �e £x!x���r ., y � ,��'xl �•:'+ � "�at.L� "4`�?�k.`.v y`'� �#�cs ,tee °s er /a'r'3�nL .•. �vi�., „��r�°���"'r,z on* �••i••• °��"•�'�°•ws�.� Q: ri Block Poll" Offica i Assozinfion R Fart Worth "r "24"e5.`# 3e;x ':a"v,°':.v M1 .a..:: �x4'k F j.±e'i §`f'w.a'".'Ya :Y ?fyt a'✓kA -,- r�"'x .r�. 'A 4 ,. _..-_ . ., T,..... e a'x.„ ,•rs"��.:.Y is .?'o- «., .ti�,�.. _._ � �. �.. '.✓'.S .X. N �u m: . ... ....... . .:_ ,=� ,. x ,.: <` Z, ..h., �.,� �a � �; Sz._ CLGAT sod Lew riorwsrnt Assaa ofTexss °'y ••••r...rsr.�r..oi.. ">», `"�{?Y, '- �;r^••� ��w'r"if"dr143` .F' i a}x "' w„ -''is' 9"t`�' v�"�5.. ze'-^ ��,tiu '� .: � J' v'^`'i 1, a.: "Z 's ^.2.x.;4 '�Z, 4 ;no.. .F�x 48 � �'K."x" =may 's'-. .,.�.2`zS -`'x y.x,y` �,�, ''7'' � P. +. �u � - ,tom- " -'*u� i j X '*' 3 °�» I: � .'sr= �� � "'�` '�z�'"�'s Y2^ iiy,✓x," .c' � ..fr P' . x. MIN „, ., 99 . inwu mc, R Fort Wodh Marshals AswoaW&m 43 Himesia Lssdsrslr 62 •..'� �°:;�.� - �.'�'"� -T r'' � :. ,rte .mom` —� `�- '�-�`" �tg� mss- .!rte; �.. _ - �-�. - ?_'."� ,��. '�, `. �� �: Li Mr#Wrl k"awance 59 L.eaaktrsad Re rsatio n 49 .z;.x 3- r� ��?i� c � ��..' ^`s' -'x `�? � ,y, ;�""� z3.`s -`e�2"`,c'''� v-x5 ,, '- �'�''= "3�x=' � - '✓`^'><� r3 7 '-' "' " -yam w Ys ,y. ��' "��' M IN Lik l� 61, P 1 MkIft &I Proisasiermd Fsrsio ves InlsrsaiiofrsI Llrios f0polt} To Be coenpMad Daft c h" input: Input By: by l�Nt dtoord:; 37 'rhe assessment event, and comprised of the following • components: The employee begins from a kneeling, weapon ready position, wearing approximately 14-17 lbs of gear intended to replicate the standard issue gear of an Officer. -Applicants who are competing for cntrv- to the �� assessment completc the with a time of two mmutes and fifty-five or pass- for entry to the City's W abbrevutted academy for TCLEOSE certified peace officen complete the assessment with a time of two minutes and t- e � f or less m order to pass. �µ j APPENDIX C s Im Accrual Rates Prior to Contract Accrual b Coot wt Maximum Accrual Per Maximum A Accrual Rate Per Sworn Service Accrual Per Pay Period Per Year (H Pay Period Time Year ours ours ours Officer with 1 120 4.62 117 4.50 year of service Officer with 5 136 5.23 133 5.12 ears of service Officer with 10 144 5.54 141 5.42 ears of service Officer with 15 160 6.15 157 6.04 ears of service Officer with 20 184 7.08 181 6.96 ears of service Im APPENDIX D FY 2008/2009 Te &Wft Wym ad-*w WYM 4hYer W,*r 'i y r MYar gat yur IPM +sl Apse) sp.e +I) CPM&+:! Dee +34 Epme+'q F(BMO +4 GPM +4 Hp.e +7) i PM+8} M PCllCFCR:mm MM 2a% 2514 rM 77.72 24.11 3157 3210 3171 )U7 PCLJCEt' 4YFNiS OWN � -A I.-; "; - 1 W12 W FY 2008/2009 W'*w 4hYer MYW MyW MyW MyW apwo EPM +.I} Flee +:4 GPM +:$ HPe +4 IPM +sl 2S13 Sam 3212 3373 3SQ 311.19 4hYM MYW MyW 'IMYW MyW E(EWO Fpee +j Gpee +21 H#3ee +31 I (Bee +'9 3371 MAD 3717 3903 40.1$ 4hym Epee( 37.17 MYW MyW MYW MYW F(BM +11 Gpee +:4 Hpee +34 I (Bee +4 I-IMMMM OYM MyW MYW Fpee} Gpse +1j Hpee +21 4304 4519 47.45 First Year — Effective September 27, 2048 for the City's fiscal year 2008/2009, a three percent (3 %) general wage increase will be applied to the pay Plea for each of the above classifications. The three percent (3 %) increase shall be in addition to any step increase for which a cowered Officer is eligible on his or her respective anniversary date. Implementation of the pay plan described in this Article will occur following the Agreement's ratification by the Parties. Upon cation of this Agreement, covered Officers will receive the 3%e general wage incise eve to fiber 27, 2048. Any missed step pay increase will be made rive to their annversery date. 41 3hY1r I obw' 3i 49.8 ell- 1-1 vm"'xxr 2009/2010 Tw BMFW Uysw adysw W,*w ftVW myow ftyaw iMhYsw IMYwr i4thYaw IMYOW IMYSW 20hy0w A a c D E F G H I i K L m SM Br 44 Bw+2 SW+3 80044 SOM46 BW*46 SM&+T BMW49 Bw+jo ftw+,ti ftw4a Bw*443 PCUCECFFKXR 2348 24BB 25SB 27.17 28M 29-14 2W 3172 35.49 Mm 3309 33.92 34.77 3#d Yaw 487 Yaw 6th Yaw 867 Yaw iMh Yaw 12N Yew IftYaw JO Yaw IftYar 2fXhY*r 0 E F G H I i K L m BMFW 80044 Bw+2 Bwe+3 BM44 BM45 BOW46 BW+T %0&4 aM49 PCLJCF—CCRPCPA- MOD 3150 3229 3310 3393 34.78 35M 36,54 37.45 XV 2yms 487 Yew 887 yew 8th Yaw MhYew IM Yaw UthYew 16th Yaw IMYSW 2 M ysw E F G H I i K L m BMPWI BM44 Bare +2 +3 Bm44 BM46 BM46 SW+T OM46 PCLJCESERGEAW 3472 35.59 35.48 37.39 XT 4026 4127 423D 5yeam 887 Yaw Iftym IM Yew 14th Yaw 16th Yaw 16th Yaw 2DthYaw G H I i K L m an&pay BM44 am+2 Sw+3 Bm+4 Ekwa+6 80046 P--CLJCE UBJTENANr CM 41.25 4224 AMM 4438 4549 46.63 IMyow IMYmr 44lhYar IftYaw IftYaw 201hYsor H I i K L m Bmft Bm+l BM+2 BM+3 BM44 BM+S PCLJCECWrA[N 4544 46.58 47.74 48.93 M15 51.40 11 yeam FIWAM1t' i i In AMb, FY 2010/2011 Key Tile IU"PW imtYow bWYew &dY*w *hYsw MYSW Myow "WYOW IMYOW i4thysw lMhysw "thy*w A B c D E F G H I i K L Bn*Pay Bmw+l Bmw+2 BMW+3 80044 Bn*+6 Bow+$ B=0+7 8=0+9 Bw*+9 88"00 Bmw+11 X03 POLICE OFFICER 243D 25M 26.8D 28.14 29.55 3D29 31.05 31.83 32-63 33.45 34-M 35.15 44► Y*ar MY*w ShYsor iMY*w 121hYew i4thYew iMhYow IMYow POLICE LIEUTENANT 10 years a- 1 IMEM 10th Year 12th Yaw UthY*w 16th Yaw IM Year H I i K L Base Pay Bmw+i Bme+2 BMW+3 8=0+4 4265 43.72 44.81 45.93 47.08 12lhY*w UthY*w lllhYew IMYOW I i K L Barn Pair Bmo+i Bras +2 Baas +3 4821 49.42 50.66 51.93 IN E F G H I i K L Brie Pay Hasa +1 &ne+2 B=8+3 BM* +4 Bars +5 Bw*+6 Bart +7 XD4 POLICE CORPORAL 3264 33.42 34-26 35.12 XUD 35.90 37.82 38.77 4 years 6th Yarn WYear lftYaw 12th Year 14thYew 16th Yaw IMYOW F G H I i K L Base Pay Bum+1 B=9+2 Bmw+3 Bmo+4 Bw9+5 9aaa+6 X07 POLICE SERGEANT 35.84 37.76 38.70 39.67 40.66 41.68 42-72 7 years POLICE LIEUTENANT 10 years a- 1 IMEM 10th Year 12th Yaw UthY*w 16th Yaw IM Year H I i K L Base Pay Bmw+i Bme+2 BMW+3 8=0+4 4265 43.72 44.81 45.93 47.08 12lhY*w UthY*w lllhYew IMYOW I i K L Barn Pair Bmo+i Bras +2 Baas +3 4821 49.42 50.66 51.93 IN 1510 Key TWO B=*Pwt lstY*w 2ndY*w 3rdYiwr 4thYsw GthYew MYow 10thYaw 12thYser UthYaw ISM 4 yj A a c D E F G H I i K Bno Pay Bno +I On* +2 Bm +3 Bass 44 Sam +5 Sm" +6 Bom +7 Be" +9 Base +9 Bam X03 POLICE OFMER 25.09 26.34 27.66 MD4 3049 3125 32-03 32M 33.65 35.33 37.16 4th Yaw MhYow 8th Year 10th Yaw 12thYser 14th Yaw 1M Year E F G H I i K Base Pay Base +1 Base +2 8"0+3 Bass +4 Base +5 Ba"+6 X04 POLICE CORPORAL 3366 34.50 35.36 3624 37.15 39.01 4112 4 yews Myow MhYsw IMY*w 12th Year 14th Year IMYow F G H I i K Base Pay Bass +1 Base +2 Base +3 Baw+4 Base +5 XG7 POLICE SMGEAMT 38.04 38.99 39.96 40.96 43.01 4520 7 yeam 10th year 12thYssr 14th Yaw I&hYoar H I i K Base Pay Bass +1 Base +2 Base +3 ,r7 POLICE LIEUTENANT 44.03 45.13 47.39 49.83 10 years 12th Parr 14thY=r 161hYaw I i K Base Pay Boo +1 Bmw+2 X09 POLICE CAPTAIN 4918 5227 54.93 13 years m